According to a statement given to me by Magie, his longtime girlfriend, and an employee of Vons on Santa Fe Dr. in Encinitas, they were doing laundry and eating pizza out back of the Jolly Green Giant, next to Mr Peabody's in the 100 block of Encinitas Blvd.

The new security guard who had not yet taken the time to meet and get to know Clay, who grew up in Rancho Santa Fe, and more recently was local Encinitas resident kept passing by and "vibing" the couple. Clay eventually became upset at the harassment and jumped out of the car in an attempt to confront the security guard and asked what he wanted and why he was harassing the couple. At one point Tomas Callazo, the 120 lb. rent-a-cop, drew his gun, aiming it at Clay who contrary to published reports which claimed Clay was 6'4", was in fact only 6'1". Maggie stated that Clay then asked the guard, "What, are you going to shoot me? Go ahead, shoot me" At this point Maggie ran for help, hoping to find a Sheriff to intervene.

For reasons still not explained, Tomas Callazo chose not to run and get help from the sheriffs, but chose to hold his ground with his gun drawn, and while backing up, shot Clay in the abdomen. Callazo claimed that his firearm accidentally discharged and that he didn't remembeer firing his weapon. Clay died at the scene within twenty minutes.